This case has been cited 4 times or more.
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2006-03-23 |
CHICO-NAZARIO, J. |
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| What is more, contrary to respondents' assertion, there is not a single syllable in the circulars issued by this Court enjoining the observance of Presidential Decree No. 1818, which altogether and absolutely, ties the hands of the courts from issuing a writ of preliminary injunction. What Circular 2-91[21] dated 15 March 1991 seeks to enjoin is the indiscriminate issuance of court injunctions. The same holds for Circular 13-93[22] dated 5 March 1993 and Circular 68-94.[23] And, in Circular No. 7-99, judges are enjoined to observe utmost caution, prudence and judiciousness in the issuance of temporary restraining order and in the grant of writs of preliminary injunction to avoid any suspicion that its issuance or grant was for consideration other than the strict merits of the case.[24] | |||||
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2002-11-13 |
MENDOZA, J. |
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| position "those removed from office as a result of an administrative case."[3] It appears that respondent Sulong had previously won as mayor of Lapuyan on January 18, 1988. In the May 11, 1992, and again in the May 8, 1995 elections, he was reelected. In a petition for disqualification, petitioner alleged that in 1991, during his first term as mayor of Lapuyan, respondent Sulong, along with a municipal councilor of Lapuyan and several other individuals,[4] was administratively charged (AC No. 12-91) with various offenses,[5] and that, on February 4, 1992, the Sangguniang Panlalawigan of Zamboanga del Sur found him guilty of the charges and ordered his removal from office. Petitioner claimed that this decision had become final and executory, and consequently the then vice-mayor of Lapuyan, Vicente Imbing, took his oath as mayor vice respondent Sulong on March 3, 1992.[6] Respondent Sulong denied that the decision in AC No. 12-91 had become final and executory. He averred that after receiving a copy of the decision on February 17, 1992, he filed a motion for reconsideration and/or notice of appeal thereof on February 18, 1992; that on February | |||||
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2002-11-13 |
MENDOZA, J. |
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| this case show that the Sangguniang Panlalawigan of Zamboanga del Sur rendered judgment in AC No. 12-91 on February 4, 1992, a copy of which was received by respondent Sulong on February 17, 1992; that on February 18, 1992, he filed a "motion for reconsideration and/or notice of appeal;" that on February 27, 1992, the Sangguniang Panlalawigan, required Jim Lingating, the complainant in AC No. 12-91, to comment; and that the complainant in AC No. 12-91 has not filed a comment nor has the Sangguniang Panlalawigan resolved respondent's motion. The filing of his motion for reconsideration prevented the decision of Sangguniang Panlalawigan from becoming final. While R.A. No. 7160 on disciplinary actions is silent on the filing of a motion for reconsideration, the same cannot be interpreted as a prohibition against the filing of a motion for reconsideration. Thus, it was held[15] that a party in a disbarment | |||||
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2001-12-12 |
YNARES-SANTIAGO, J. |
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| From the foregoing, the dismissal by respondent Judge of the petition for mandamus clearly shows gross ignorance of the law. Although respondent's actuation does not appear to be tainted with malice, lack of malicious intent, nevertheless, he cannot be completely free from administrative liability. The present controversy could have been avoided had he kept faith with the injunction that a member of the bench must continuously keep himself abreast of legal and jurisprudential developments because the learning process in law never ceases.[22] | |||||